Opinion
CA 05-02153.
March 17, 2006.
Appeal from an order of the Supreme Court, Allegany County (Thomas P. Brown, A.J.), entered December 2, 2004 in an action pursuant to Civil Service Law § 75-b. The order deemed the action to have been discontinued by plaintiff.
BABCOCK DAVIES, PLLC, MENDON (JEFFREY J. BABCOCK OF COUNSEL), FOR PLAINTIFF-APPELLANT.
ELIOT SPITZER, ATTORNEY GENERAL, ALBANY (PETER B. SULLIVAN OF COUNSEL), FOR DEFENDANT-RESPONDENT.
Before: Hurlbutt, J.P., Gorski, Green, Pine and Hayes, JJ.
It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs ( see CPLR 5511; Parochial Bus Sys. v. Board of Educ. of City of N.Y., 60 NY2d 539, 544-545).